APPORTIONMENT OF FUNDS WITHHELD FROM
KENTUCKY UNDER THE PROVISIONS OF
23 U.S.C. 159

Classification Code

Date

N 4510.312

June 6, 1994

PURPOSE

To transmit the certificate of apportionment for Kentucky of funds authorized
for FY 1994 which were withheld pursuant to the provisions of 23 U.S.C. 159.

To allocate FY 1994 obligation authority to support the apportioned funds.

BACKGROUND. Kentucky was found in noncompliance with the requirements
relating to revocation or suspension of drivers' licenses of individuals convicted
of drug offenses pursuant to the provisions of 23 U.S.C. 159. Five percent of
Kentucky's Interstate Construction, Interstate Maintenance, National Highway
System, Surface Transportation Program, and Apportionment Adjustment funds were
withheld from apportionment by Federal Highway Administration (FHWA) Notices
N 4510.294, N 4510.295, N 4510.297, N 4510.299, and N 4510.303, respectively.
A proportional amount of FY 1994 obligation authority was withheld by FHWA Notice
N 4520.127. On October 22, 1993, the State of Kentucky submitted to FHWA evidence
of compliance. In accordance with 23 U.S.C. 159, the withheld funds are being
apportioned to Kentucky effective immediately.

AVAILABILITY

Funds withheld pursuant to 23 U.S.C. 159 which are subsequently apportioned
are available for expenditure when apportioned and remain available for expenditure
pursuant to the availability provisions of 23 U.S.C. 159.

The funds resulting from this apportionment aresubject to lapse if not
obligated for projects by September 30, 1997.

The apportioned funds are subject to obligation controls in force at the time of obligation.

OBLIGATION LIMITATION. The 91.1 percent of FY 1994 obligation authority
distributed to support obligation of these funds is shown on the attachment.

ACTION. The Division Administrator for the State of Kentucky should
ensure that copies of this Notice are furnished to the State highway agency.

/s/
Rodney E. Slater
Federal Highway Administrator

Attachment

CERTIFICATE OF APPORTIONMENT FROM THE SUMS OF $1,800,000,000 AUTHORIZED TO
BE APPROPRIATED FOR THE INTERSTATE CONSTRUCTION PROGRAM AND $2,914,000,000
AUTHORIZED TO BE APPROPRIATED FOR THE INTERSTATE MAINTENANCE PROGRAM AND $3,599,000,000
AUTHORIZED TO BE APPROPRIATED FOR THE NATIONAL HIGHWAY SYSTEM AND $4,096,000,000
AUTHORIZED TO BE APPROPRIATED FOR THE SURFACE TRANSPORTATION PROGRAM AND $790,789,588
AUTHORIZED TO BE APPROPRIATED FOR APPORTIONMENT ADJUSTMENTS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1994

TO--

The Secretary of the Treasury of the United States and the State Highway Departments:

Pursuant to section 9503 of the Internal Revenue Code of 1986, the Intermodal
Surface Transportation Efficiency Act of 1991, title 23, United States Code,
and the delegation of authority from the Secretary of Transportation to the
Federal Highway Administrator in section 1.48, title 49, Code of Federal Regulations, I certify--

First, that under the provisions of section 159 of title 23,United States
Code, relating to the revocation or suspension of drivers' licenses of individuals
convicted of drug offenses, I did, on October 1 and October 27, 1993, withhold
from the State of Kentucky, five (5) percentum of the amounts required to be
apportioned to such State for Interstate Construction, Interstate Maintenance,
National Highway System, the Surface Transportation Program, and Hold Harmless
for the fiscal year 1994, pending the enactment of a complying law relating
to revocation or suspension of drivers' licenses of individuals convicted of drug offenses.

Second, that the State of Kentucky, effective September 30, 1993, enacted
a complying law and the withheld apportionments are required to be made pursuant
to the provisions of section 159 of title 23, United States Code.

Third, that the sums which are hereby apportioned and made available to Kentucky
effective immediately, are as follows:

U. S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

APPORTIONMENT OF FUNDS
WITHHELD FROM KENTUCKY
PURSUANT TO THE PROVISIONS OF
23 U.S.C. 159